Supreme Court Rules Anti-Defection Amendment Cannot Be Nullified

The Supreme Court has ruled today that the constitutional amendment requiring members of parliament to lose their seat if they cross the floor or switch political parties cannot be annulled.

The decision was made by a majority of six out of the seven justices on the bench.

Delivering the judgment, Chief Justice Abdul Ghani Mohamed stated that there is no legal basis to declare the amendment to Article 73 of the Constitution unconstitutional or invalid. He further emphasized that there are no grounds to nullify the amendment introduced by the government.

The court also dismissed arguments that the amendment should not apply to current members of parliament. According to the Chief Justice, there is no legal justification to conclude that the amendment does not apply to members elected to the 20th Parliament.

Justice Aisha Sujun Mohamed was the only dissenting judge in the case. In her opinion, she argued that the amendment contradicts the Constitution and described it as a change imposed without proper public awareness, consultation, or deliberation, likening it to altering the rules of a game while it is being played.

The amendment, which mandates that MPs lose their seat if they resign from or switch political parties, was introduced in 2024.

During the period when the case was under review, three Supreme Court judges were subjected to disciplinary action. Of these, two were removed from their positions, while one resigned.

Today’s ruling was delivered by a bench that included three judges appointed by the current administration. With this decision, it is now firmly established that members of parliament who change parties will lose their seats under the Constitution.